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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 270 Introduced in House (IH)]

114th CONGRESS
  1st Session
H. RES. 270

Expressing the sense of Congress regarding the Palestinian Authority's 
purported accession to the International Criminal Court for the purpose 
    of initiating prosecutions against Israeli soldiers, citizens, 
                        officials, and leaders.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2015

   Mr. Franks of Arizona (for himself and Mr. Vargas) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                                Affairs

_______________________________________________________________________

                               RESOLUTION

 
Expressing the sense of Congress regarding the Palestinian Authority's 
purported accession to the International Criminal Court for the purpose 
    of initiating prosecutions against Israeli soldiers, citizens, 
                        officials, and leaders.

Whereas the United States has committed its diplomatic efforts to obtaining a 
        genuine and durable peace agreement between the State of Israel and the 
        Palestinians, to be achieved through bilateral negotiations since the 
        signing of the Oslo Accords in 1993;
Whereas Congress reaffirms the United States commitment to a genuine and 
        sustainable peace, obtained through direct bilateral negotiations 
        between Israeli and Palestinian leadership, without the interference or 
        inclusion of Hamas, in keeping with United States commitments to 
        democracy, freedom, and the rights of all peoples to self-determination;
Whereas the Palestinian Authority, headed by President Mahmoud Abbas, has 
        engaged in a series of bad-faith actions bypassing and hindering the 
        United States peace-making efforts, and has undertaken multiple courses 
        of action hindering negotiations aimed at achieving a genuine and 
        sustainable peace settlement between the Palestinians and the State of 
        Israel;
Whereas the most recent of these bad-faith actions has been the Palestinian 
        Authority's pursuit of membership in the International Criminal Court 
        (ICC) and the initiation of prosecutions of Israeli leaders, citizens, 
        officials, and soldiers for alleged war crimes, which profoundly 
        undermines prospects for mutual recognition, dialogue, and 
        reconciliation;
Whereas Palestine Liberation Organization (PLO) elements of the Palestinian 
        leadership have stated that Palestinian accession to the ICC is only the 
        first step towards carrying out a total and continuous political and 
        judicial battle against the State of Israel outside of the agreed 
        negotiating framework;
Whereas Hamas, which is part of the Palestinian Authority's unity government 
        with Fatah, has called the purported Palestinian accession to the ICC a 
        first step by the international community to isolate Israel, calling on 
        the Palestinian Authority to widen the ambit of prosecutions;
Whereas the aforementioned conduct of the Palestinian Authority hinders the 
        peace process between Israel and the Palestinians and thus represents a 
        threat to the regional interests of the United States and the security 
        of its allies;
Whereas Congress recognizes that Israel has made significant breakthroughs in 
        advancing peace with its neighbors, as exemplified by its peace treaties 
        with Egypt and Jordan, and has demonstrated its good faith and enduring 
        determination and willingness to establish a genuine and sustainable 
        peace with the Palestinians;
Whereas Congress recognizes that Israeli leaders and soldiers have been forced 
        to defend Israel's citizens and civilians from unrelenting terrorist 
        attacks, including over 15,000 rocket and mortar attacks against 
        civilian communities, suicide bombings and cross-border tunnel attacks, 
        by undertaking military action in Gaza and in the West Bank;
Whereas Congress recognizes the commitment of Israel's civilian and military 
        leadership to applicable international legal norms, and the commitment 
        of the Israel Defense Forces to act strictly within the confines of the 
        Law of Armed Conflict in all of its military engagements;
Whereas Congress recognizes that the Israel Defense Forces doctrine of the 
        ``Purity of Arms'' requires all Israeli soldiers to maintain their 
        humanity in combat, and forbids the use of armed force to harm non-
        combatants or their property, enjoining all Israeli soldiers to do 
        everything in their ability to avoid harming the lives, body, honor and 
        property of non-combatants, and this doctrine remains the guiding rule 
        and policy of Israel's armed forces;
Whereas Israel's civilian judiciary is impartial and internationally respected, 
        and has established a well-earned reputation for being a champion of 
        human rights and respect for international legal norms;
Whereas Congress recognizes that Israel's internal mechanisms for examining and 
        investigating complaints and claims of violations of the Law of Armed 
        Conflict is internationally regarded and complies with Israel's 
        obligations under international law and ICC standards of 
        complementarity, in light of the general principles for conducting an 
        effective investigation under international law--independence, 
        impartiality, effectiveness and thoroughness, and promptness--and that 
        Israel's system ranks favorably with those of other democratic systems;
Whereas Israeli soldiers and Israeli officials involved in the defense of the 
        State of Israel should not, therefore, be the subject of frivolous or 
        politically motivated prosecutions by the International Criminal Court 
        or any other foreign tribunal;
Whereas Congress reaffirms the Administration's stance opposing and regarding as 
        legally invalid Palestinian membership in the ICC, which is open only to 
        sovereign states, and condemns the unilateral actions of the Palestinian 
        Authority to obstruct peace with Israel by moving to become a member of 
        the ICC, with the sole purpose of initiating wrongful and politically 
        motivated prosecutions of Israelis for alleged war crimes; and
Whereas the politically motivated use of international bodies weakens their 
        legitimacy and efficacy, and hinders the movement towards the universal 
        adoption of human rights norms: Now, therefore, be it
    Resolved, That it is the sense of Congress that--
            (1) the Palestinian Authority should withdraw its 
        application for membership to the International Criminal Court 
        (ICC);
            (2) the Palestinian Authority should cease all attempts to 
        initiate, support, or encourage frivolous and politically 
        motivated war-crimes prosecutions against Israeli leaders, 
        officials, citizens or soldiers via the International Criminal 
        Court or any other international or national judicial body;
            (3) the Palestinian Authority should demonstrate its 
        viability as a peace partner with the State of Israel by 
        returning to bilateral negotiations with Israel, without 
        preconditions, and cease to undertake bad-faith actions 
        demonstrating its non-viability as Israel's peace partner;
            (4) the organs of the ICC should oppose the politicization 
        of international law by the Palestinian Authority by rescinding 
        Palestinian membership in the ICC, which is open only to 
        sovereign states, promptly closing any preliminary examination 
        and refraining from opening or authorizing any investigation 
        into the conduct of Israel's soldiers, officials, and leaders 
        on the basis of the legally invalid and politically motivated 
        Palestinian attempt to grant the ICC jurisdiction;
            (5) the ICC should defer to Israeli jurisdiction and the 
        Israeli military and civilian judicial systems in cases 
        involving Israeli citizens, soldiers, or leaders since Israel 
        has proceeded with good-faith investigations and prosecutions 
        of alleged war crimes, demonstrating now, as in the past, its 
        genuine willingness to prosecute these matters; and
            (6) the Administration should begin immediate substantive 
        consultations with Congress concerning Palestinian state-level 
        membership in the ICC.
                                 <all>
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